Messages - Cher1300

Legend is correct in getting you to ask about keeping your scholarships. I have not heard of any school that allows you to keep your scholarship with just a 2.0 gpa. If that were the case, everyone would be able to keep them. My school that is just a T4 requires a 2.8 to keep a scholarship, but good academic standing to stay in school is a 2.0. Call them and find out for sure!

I think I'm cool with the opinion, except I don't really understand what this means:

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The Act, however, bars the IRS from using several of its normal enforcement tools, such as criminal prosecutions and levies. §5000A(g)(2). And some individuals who are subject to the mandate are nonetheless exempt from the penalty—for example, those with income below a certain threshold and members of Indian tribes. §5000A(e). Nat'l Fed'n of Indep. Bus. v. Sebelius, No. 11–393, at *8 (2012).

This just says the government can't put a lien on someone's property or put them in jail for not having insurance. They will just be required to pay the penalty.

Does that not basically kill the "super creditor" status of the IRS? Other than withholding tax refunds, it seems like there's not much that the IRS can do to enforce the penalty. I'm probably completely wrong, though. There are probably other methods the government can use to entice people to pay the penalty (or buy insurance!).

You are correct - there really isn't much the IRS can do other than penalize you on your tax returns. The way it works in Massachusetts, (my parents still live there), is you have to show proof of insurance on your tax return or you pay the penalty. This is why the plan hasn't really worked as far as decreasing insurance rates. Since 2006, the health care costs have not declined much in Massachusetts. The rates actually increased for the first two years. Although most of the state is insured, many small businesses are struggling because insurance companies are hiking their rates for them knowing they have to provide insurance to their employees. It has helped the medicare costs a bit because younger people that have to get insurance are helping to cover the costs for the oler sicker residents. But for people who still can't afford the insurance, it is cheaper for them to just pay the penalty and go without insurance.

Find out first what you need to do to keep the scholarships. Some schools require that you be in the top 40% vs. top 20% vs. top 60% or keep a cumulative gpa of a 2.8 - 3.0, etc. I say this because most incoming 1Ls have no idea how hard it will be to keep their money. Second, since you don't know where you want to practice, do you know what type of law you want to do? Biglaw? then T1, crimlaw? Or if you already have contacts? take all the money at the T3...just my two cents. Not sure the difference between the schools other than their ranks.

What I want to know is why is Roberts' opinion the one that matters most? Wasn't there two majority opinions upholding it for different reasons?

I also imagine that this could potentially limit the power of the commerce clause. Anyone have thoughts on that?

And something tells me that Roberts did this in hopes to stay out of partisan politics but still give the GOP a way to get rid of Obamacare through reconciliation in the Senate (if the right is able to win the senate). Wouldn't they need Romney to win the presidential election as well in order to not have Obama veto the Senates decision?

From what I understand, and please correct me if I'm wrong, the Supreme Court ruled the mandate could not be placed under the commerce clause because the penalty for not purchasing insurance is a tax. If citizens are required to buy insurance under the commerce clause to regulate the industry, it would mean Congress can mandate citizens to purchase anything to help regulate any other industry, which would be unconsitutional. The commerce clause allows Congress to regulate industries, but it's not supposed to be done by making American people purchase within the industries needing regulation. This is how I understand it. If it is deemed a tax, then it is constitutional.

And yes, Romney would need to win the presidential election. It will be interesting to see what he says about it, since it's basically the same plan passed in Massachusetts when he was governor.

I think I'm cool with the opinion, except I don't really understand what this means:

Quote

The Act, however, bars the IRS from using several of its normal enforcement tools, such as criminal prosecutions and levies. §5000A(g)(2). And some individuals who are subject to the mandate are nonetheless exempt from the penaltyfor example, those with income below a certain threshold and members of Indian tribes. §5000A(e). Nat'l Fed'n of Indep. Bus. v. Sebelius, No. 11393, at *8 (2012).

This just says the government can't put a lien on someone's property or put them in jail for not having insurance. They will just be required to pay the penalty.

I have to agree with everything that has been said. Although some say the socratic method is antiquated, I think it keeps you on your toes - especially your first year. There's nothing like the humiliation of not being prepared when called upon to discuss why someone was not considered a public figure in a defamation case, etc. Or if you are struggling for the right answer while everyone sits quietly awaiting your response. The interaction is helpful because, at least for me, I learned from students who were wrong about certain issues just as much as I learned from the students who were spot on with them. B&M schools also allow interaction iwth your professors to go over practice exams. In an on-line school, that type of interaction just isn't available.

I attend a tier 4 in California. While there is certainly some truth to LSAT/UGPA in relation to law school success, the ones that aren't cut out for law school will be weeded out after their first year anyway. The mottos at most tier fours are "easy to get in, hard to graduate from..." So far, my experience has been that many of the top students in my class weren't necessarily the smartest, but they worked really hard. Would they have this type of sucess at Yale? Maybe not, but who knows for sure.

The LSAT is a standardized test that can be mastered with some practice or courses. Law school exams test your actual knowledge of a subject. The bar exam does also. I'm not sure how online schools test their students, but that could also be a big issue. Most B&M's have closed book, timed exams similar to the bar. Does anyone know how online schools test for finals? I've only heard of students flying out to take the FYLSE or Bar Exam. So if the students are tested at home and allowed to use notes, that could be a big reason.

Depends on how you learn and how much you want it, really. For me, I do better with a schedule. I.e. Do my reading for Contracts on Saturday, Torts on Wednesday nite, outline sundays, etc. It also helped to have a study group to outline and do practice exams. Mostly, I'd do practice tests on my own though. About a week before finals, I start writing out my rules over and over. The biggest issue is probably just sticking to that schedule. Lots of people of made schedules, but not everyone followed through. For those of us that made to our second year, we really had no life. I can give you all the organizational advice in the world, but if a weekend in Vegas is taking a priority over your studies, then your schedule won't matter anyway. I would reserve Friday nites for me and my boyfriend for date night, but if you want to do well, you really need to force yourself to just sit and do the work no matter how much you are dreading it. Hope that helps!

I'm just guessing here, but it could be that they want to focus on bar passage rates. If you told them you don't want to be a lawyer, they might be concerned that you won't take the bar exam, which is one of the statistics people look at when choosing a law school. Since they are new and don't have any bar pass rates to compare to other schools yet, that could be the reason. Sounds stupid, but it's still a school that wants to attract future students and bar pass rates are a part of that. Sometimes, it's probably better to lie. Anyway, I'm just guessing.